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Thursday, December 18, 2008

Leonard Felicioni v. Administrative Office of the Courts, et als.


Appellant, who is one of several victims of a fraudulent scheme perpetrated by a criminal defendant ordered to pay restitution to all of them, challenges the State's current system of paying restitution on a first-in-time rather than automatic pro-rata basis. We rejected his multi-faceted challenge, finding the method of distribution violates neither his substantive due process nor equal protection rights under the federal and State constitutions; nor his State constitutional rights under the Victims Rights Amendment (VRA), N.J. Const., art. I, ¶ 22; nor his statutory rights under New Jersey's Crime Victim's Bill of Rights, N.J.S.A. 52:4B-34 to -70, and Civil Rights Act, N.J.S.A. 10:6-1 to -2.